Wednesday, May 24, 2006

Case Law Development: Ninth Circuit Court of Appeals Affirms Ban on Aerial Abortion Ads

A panel of the Federal Ninth Circuit Court of Appeals has affirmed Honolulu, Hawaii's ban on aerial advertising of abortion ads.  Abortion opponents had planned to tow aerial banners protesting abortion over the beaches of Honolulu.The court said that the city’s ban on such advertising, which is based on a 1978 ordinance, did not violate the First Amendment to the United States Constitution.

The court found that airspace is not a public forum and that other means were available for the group to campaign against abortion.  It also said that the city's longstanding efforts at beautification through strict regulation of all kinds of outdoor advertising -- commercial and political -- were even-handed and consistent and did not constitute discrimination against the protestors.  A copy of the Ninth Circuit decision can be obtained by clicking here (last visited May 24, 2006, reo).

http://lawprofessors.typepad.com/family_law/2006/05/case_law_develo_23.html

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